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vii. Expenses unrelated to the improvement and <br /> maintenance of the park or expenses clearly <br /> excessive in relation to the customary and <br /> reasonable costs of such items. <br /> <br /> 4. Government Regulated Expenses shall be as defined in <br /> Section 6.60.020E of this Chapter. <br /> <br /> 5. Base year Gross Income, Operating Expenses, and <br /> Government Regulated Expenses for purposes of these rent <br /> adjustment provisions shall mean Gross Income, Operating <br /> Expenses and Government Regulated Expenses in the <br /> calendar year 1992. <br /> <br /> 6. In the event a fair return petition involves only a <br /> portion of the spaces in a Park, the Gross Income, <br /> Operating Expenses and Government Regulated Expenses <br /> shall be adjusted to reflect the portion of the Park that <br /> is subject to this Ordinance. Income from and expenses <br /> attributable to spaces that are exempted from this <br /> Ordinance shall not be considered. (For example, if 40% <br /> of the Home Owners are subject to this Ordinance, then <br /> only 40% of the income and expenses shall be considered.) <br /> The Net Operating Income for the base year shall be <br /> determined only for the spaces affected by the petition. <br /> <br />C. Presumption that Base Year Net Operating Income Provided <br />a Fair Return. For the purpose of determining the rent <br />increase necessary to provide the Park Owner with a fair <br />return on investment, it shall be presumed that the Net <br />Operating Income for the calendar year 1992 (the base year) <br />provided the Park Owner with a fair return on investment. <br /> <br />D. Determination of Base Year Net Operating Income. To <br />determine the Net Operating Income during the base year, there <br />shall be deducted from the base year Gross Income a sum equal <br />to the actual base year Operating and Governmental Regulated <br />Expenses unless the Park Owner demonstrates to the <br />satisfaction of the Hearing Officer that some other twelve <br />consecutive month period is justified pursuant to this <br />Ordinance. <br /> <br />E. Special Base Year Operating Income Adjustment. It may be <br />determined by the Hearing Officer that the base year net <br />operating income yielded other than a fair return on the Park <br />Owner's investment. In that case the base year net operating <br />income may be adjusted accordingly. In order to make such <br />determination, the Hearing Officer shall make at least one of <br />the following findings: <br /> <br /> - 12 - <br /> <br /> <br />